Funeral expenses are usually paid by the executor or a family member before probate is granted, and are later reimbursed from the estate once funds become available. In most cases, funeral expenses are treated as a priority expense of the estate. Funeral arrangements are often one of the first practical issues that arise following a...
In most cases, real property held solely in the name of the deceased cannot be transferred without probate in Queensland. The Titles Registry requires evidence of the executor’s authority before registering any transfer from a deceased estate. The transfer of real property following a death is one of the most common practical issues executors encounter....
One of the first practical issues that arises after a death is access to money. Executors are often faced with immediate expenses, but do not yet have formal authority from the Court. This creates uncertainty about what can and cannot be done in the period before probate is granted. In most cases, assets held solely...
Engaging a probate lawyer is not simply about progressing an application. It is about ensuring the estate is administered properly and that you, as executor, are not exposed to unnecessary risk. The first meeting is your opportunity to assess whether the lawyer is the right fit, both in terms of capability and approach. These are...
If you have been appointed as an executor, one of the first decisions you will need to make is whether to engage a lawyer, and if so, who. It is not a decision that should be made lightly. Executors assume legal responsibility for administering an estate. That includes collecting assets, paying liabilities, and distributing to...
Many executors do not engage a lawyer because they want someone else to “do the paperwork”. They engage one because the role carries risk. In Queensland, an executor is responsible for protecting estate assets, identifying liabilities, obtaining the appropriate grant where required, and ultimately distributing the estate properly. That is why probate issues are rarely...
Grieving the loss of a loved one is an incredibly emotional and challenging experience. The added responsibility of managing the estate can feel overwhelming, especially when executors in Brisbane are suddenly faced with handling probate, which can add to their stress and confusion. Often, they find themselves uncertain about the necessary steps and where to...
Have you recently lost a loved one and are you now responsible for the administration of your loved one’s Estate? The probate process can seem overwhelming to many families and relatives. Executors and administrators are often left to wonder where to begin, especially when confronted with grief, not to mention family obligations. This article will...
